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Comparative Analysis of Credit Insurance Contracts: Full Disclosure Obligation and Premium Payment in French and Common

This study compares the validity of credit insurance contracts concerning the "full disclosure" obligation and premium payment in French and Common Law systems. It analyzes the elements of risk disclosure and premium payment requirements in both legal frameworks, highlighting differences and similarities. The presentation explores the legal provisions, conceptual definitions, and practical applications in credit insurance law. Insights are provided on dispute resolution methods and the arbitration process.

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Comparative Analysis of Credit Insurance Contracts: Full Disclosure Obligation and Premium Payment in French and Common

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  1. VALIDITY OF THE CREDIT INSURANCE CONTRACT REGARDING THE “FULL DISCLOSURE” OBLIGATION AND THE PAYMENT OF THE PREMIUMComparison between French and “Common Law” 18 May 2010 HMN & Partners Law firm

  2. TABLE OF CONTENTS • I. The full disclosure obligation of the elements of risk: • - in French law • - in Common law • II. Questions related to the payment of the premium

  3. INTRODUCTION INTRODUCTION

  4. INTRODUCTION Our presentation as part of the workgroup on credit insurance, is about: Firstly, the full disclosure obligation at the signature of the contract and, - Secondly, the questions about the payment of the premium. - 4

  5. Full disclosure obligation in French law: Provisions of Article L.111-1 of the Code des Assurances Disclosure obligation and hypothesis of avoidance Relevancy of the writing of contractual documents I. The full disclosure obligation of the elements of risk 5

  6. Full disclosure obligation in Common Law : Reinsurance and political risk in English law Definition in English law of Insurance contract Requirement of an Utmost Good Faith Requirement of a Warranty system I. The full disclosure obligation of the elements of risk 6

  7. In French law: The framework of the payment of the premium by Insurance law Conventional provisions in Insurance Conventional provisions in Credit Insurance II. Questions related to the payment of the premium 7

  8. II. Questions related to the payment of the premium In Common Law : The "Premium Warranty Clause" (PWC) Application of the PWC before English courts 8

  9. Conclusion The analogy between French and English credit insurance law Dispute resolution before a state judge The arbitration solution 9

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